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Madras High CourtCRL RC/374/2018allowed

Kumara Ravikumar, v. The State Rep. By

2018-04-27Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.374 of 2018 and Crl.M.P.No.4593 of 2018 Kumara Ravikumar

...Petitioner/Accused

Vs.

The State Rep.by The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam, Erode District.

...Respondent/Complainant

PRAYER: Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to set aside the order dated 28.12.2017 made in Crl.M.P.No.5762 of 2017 in C.C.No.146 of 2017 on the file of Judicial Magistrate, Sathyamangalam.

For Petitioner : Mr.A.Sundaravadhanan For Respondent : Mr.R.Surya Prakash Government Advocate (Crl. Side)

O R D E R

This Criminal Revision Petition is filed to set aside the order dated 28.12.2017 made in Crl.M.P.No.5762 of 2017 in C.C.No.146 of 2017 on the file of Judicial Magistrate, Sathyamangalam.

2. Heard, Mr.A.Sundaravadhanan, learned counsel appearing for the petitioner and Mr.R.Surya Prakash, learned Government Advocate (Crl. Side) appearing for the respondent.

3. Non Bailable Warrant was issued against the petitioner on the ground that the petitioner failed to appear before the trial Court on 04.10.2017 and also 07.11.2017.

4. The petitioner filed the petition in C.M.P.No.5762 of 2017 under Section 70 (2) Cr.P.C to recall the Non Bailable https://hcservices.ecourts.gov.in/hcservices/

Warrant . Therefore, the said petition was dismissed on the ground that it was not supported by medical certificate. Hence, the petitioner has filed this petition.

5. The learned counsel for the petitioner submitted that he is ready to co-operate with the trial.

6. The learned Government Advocate (Crl. Side) submitted that he is an habitual offender and eight cases are pending against him till date and he is not co-operating in the trial.

7. This Criminal Revision is allowed. Non Bailable Warrant issued against the petitioner is recalled and the petitioner is directed to appear before the learned Judicial Magistrate, Sathyamangalam on 25.05.2018 without fail.

8. On this condition, this Criminal Revision Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar dh To

1. The Judicial Magistrate, Sathyamangalam.

2. The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam, Erode District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Sundaravadhanan, Advocate SR.No.31540 Crl.R.C.No.374 of 2018 RR(CO) GN(28/04/2018) https://hcservices.ecourts.gov.in/hcservices/